U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

49–010 

" ! SENATE 113TH CONGRESS

2d Session 

REPORT

2014

113–311 

Calendar No. 571 

CHILD NICOTINE POISONING PREVENTION 

ACT OF 2014 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 2581 

DECEMBER 12, 2014.—Ordered to be printed 


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(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED THIRTEENTH CONGRESS

SECOND SESSION

JOHN D. ROCKEFELLER IV, West Virginia, Chairman 

BARBARA BOXER, California JOHN THUNE, South Dakota 

BILL NELSON, Florida ROGER F. WICKER, Mississippi 

MARIA CANTWELL, Washington ROY BLUNT, Missouri 

MARK PRYOR, Arkansas MARCO RUBIO, Florida 

CLAIRE MCCASKILL, Missouri KELLY AYOTTE, New Hampshire 

AMY KLOBUCHAR, Minnesota DEAN HELLER, Nevada 

MARK BEGICH, Alaska DANIEL COATS, Indiana 

RICHARD BLUMENTHAL, Connecticut TIM SCOTT, South Carolina 

BRIAN SCHATZ, Hawaii TED CRUZ, Texas 

ED MARKEY, Massachusetts DEB FISCHER, Nebraska 

CORY BOOKER, New Jersey RON JOHNSON, Wisconsin 

JOHN WALSH, Montana 

ELLEN DONESKI, Staff Director 

JOHN WILLIAMS, General Counsel 

DAVID SCHWIETERT, Republican Staff Director 

NICK ROSSI, Republican Deputy Staff Director 

REBECCA SEIDEL, Republican General Counsel 


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1Senate Committee on Commerce, Science, and Transportation, Testimony of Dr. Susan 

Tanski on behalf of the American Academy of Pediatrics, Aggressive E-Cigarette Marketing and 

Potential Consequences for Youth, 113th Cong. (June 18, 2014) (online at 

Continued 

Calendar No. 571 

113TH CONGRESS REPORT " ! SENATE 2d Session 113–311 

CHILD NICOTINE POISONING PREVENTION ACT OF 2014 

DECEMBER 12, 2014.—Ordered to be printed 

Mr. ROCKEFELLER, from the Committee on Commerce, Science, and 

Transportation, submitted the following 

R E P O R T 

[To accompany S. 2581] 

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (S. 2581) to require the Consumer Product Safety Commission to promulgate a rule to require child safety 

packaging for liquid nicotine containers, and for other purposes, 

having considered the same, reports favorably thereon without 

amendment and recommends that the bill do pass. 

PURPOSE OF THE BILL

The purpose of S. 2581, the Child Nicotine Poisoning Prevention 

Act of 2014, is to provide the Consumer Product Safety Commission 

(CPSC) with statutory authority to regulate liquid nicotine containers as a consumer product. Further, S. 2581 would direct the 

CPSC to promulgate a safety rule requiring such products be packaged in a manner that would make them significantly difficult for 

a child under the age of five to open the container or otherwise access its liquid content. 

BACKGROUND AND NEEDS

Liquid nicotine is a highly toxic substance: According to the 

American Academy of Pediatrics (AAP), a 15-milliliter dropper bottle filled with commercially available liquid nicotine is capable of 

killing four small children.1 A very small amount of the substance 

splashed on the skin of a child can render the child very ill. 


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2 

www.commerce.senate.gov/public/?a=Files.Serve&Filelid=408415ee-8f64-4127-8887- 

62d90b34ff70). 2 American Association of Poison Control Centers, E-Cigarette Devices and Liquid Nicotine (online at www.aapcc.org/alerts/e-cigarettes/). 3 Id. 4Pub. L. No. 91–601 (15 U.S.C. §§ 1471 et seq.). 

5 15 U.S.C. § 1471. 

6 26 U.S.C. § 5702. 

7 15 U.S.C. § 2052. 

The rapid rise in the popularity of electronic cigarettes (e-cigarettes) has concomitantly ushered in a rapid rise in dangerous exposures to liquid nicotine. The American Association of Poison Control Centers (AAPCC) says the number of reported liquid nicotine 

exposures (from cigarette devices or containers) skyrocketed 213 

percent from 2012 to 2013.2 Through August 31 of this year, 

AAPCC reports that local poison-control centers have received 

2,724 calls for liquid nicotine exposure.3

The CPSC implements and enforces the Poison Prevention Packaging Act of 1970 (PPPA),4 which, among other things, provides the 

CPSC with the authority to promulgate rules requiring ‘‘special 

packaging’’ for products that pose a poisonous hazard to children. 

When the CPSC designates consumer products for special packaging, such products must be ‘‘designed or constructed to be significantly difficult for children under five years of age to open or obtain a toxic or harmful amount of the substance contained therein 

within a reasonable time frame and not difficult for normal adults 

to use properly.’’5 Under the PPPA, the CPSC has promulgated 

child-proof packaging for numerous consumer products, including 

over-the-counter medication and household cleaning supplies. 

The CPSC lacks authority under the PPPA to require similar 

special packaging requirements for liquid nicotine, because most 

liquid nicotine is derived from tobacco and is, consequently, a ‘‘tobacco product,’’ which is exclusively regulated by the Food and 

Drug Administration (FDA).6 A small percentage of liquid nicotine 

on the market is synthetically manufactured and, thus, considered 

a ‘‘consumer product’’ under the Consumer Product Safety Act 

(CPSA) and subject to CPSC authority.7

SUMMARY OF PROVISIONS

S. 2581 would provide the CPSC with statutory authority to regulate liquid nicotine containers as a consumer product and would 

further direct the CPSC to promulgate a safety rule requiring such 

products be packaged in a manner that would make them significantly difficult for a child under the age of five to open the container or otherwise access its liquid content. S. 2581 contains a savings clause that would preserve all of the authority of the FDA. 

LEGISLATIVE HISTORY

Senator Nelson introduced S. 2581 on July 10, 2014. The bill has 

13 cosponsors, including Chairman Rockefeller and six Members of 

the Committee: Senators Ayotte, Blumenthal, Boxer, Klobuchar, 

Markey, and Pryor. 

On September 17, 2014, in an open Executive Session, the Committee considered the bill and reported S. 2581 favorably without 

amendment by voice vote. 


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ESTIMATED COSTS

In accordance with paragraph 11(a) of rule XXVI of the Standing 

Rules of the Senate and section 403 of the Congressional Budget 

Act of 1974, the Committee provides the following cost estimate, 

prepared by the Congressional Budget Office: 

S. 2581—Child Nicotine Poisoning Prevention Act of 2014 

S. 258.1 would direct the Consumer Product Safety Commission 

(CPSC) to develop regulations requiring special packaging for liquid nicotine containers. CBO estimates that implementing the bill 

would cost about $1 million over the 2015–2019 period, assuming 

appropriation of the necessary amounts. Enacting S. 2581 would 

not affect direct spending or revenues; therefore, pay-as-you-go procedures do not apply. 

Under the bill, the CPSC would require liquid nicotine containers 

to be packaged in a way that would make it difficult for children 

younger than five years to open or to obtain a harmful amount of 

the enclosed substance. Based on information from the agency, 

CBO estimates that the cost of developing the regulation and conducting compliance testing would total about $1 million over the 

next five years. 

S. 2581 contains no intergovernmental mandates as defined in 

the Unfunded Mandates Reform Act (UMRA) and would impose no 

costs on state, local, or tribal governments. 

The legislation would impose a private-sector mandate, as defined in UMRA, on manufacturers of consumer products containing 

liquid nicotine. The bill would require those manufacturers to use 

special packaging for such products to make them child resistant. 

The cost of this mandate would be the incremental cost of using 

packaging that would comply with the standard established by the 

CPSC. Based on data provided by the CPSC and representatives of 

affected manufacturers, CBO estimates that the cost of the mandate would fall below the annual threshold established in UMRA 

for private-sector mandates ($152 million in 2014, adjusted annually for inflation). 

The CBO staff contacts for this estimate are Daniel Hoople (for 

federal costs) and Mann Burnett (for the private-sector impact). 

The estimate was approved by Holly Harvey, Deputy Assistant Director for Budget Analysis. 

REGULATORY IMPACT

In accordance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee provides the following evaluation of the regulatory impact of the legislation, as reported: 

NUMBER OF PERSONS COVERED

The legislation would provide the CPSC with statutory authority 

to regulate liquid nicotine containers as a consumer product and 

would further direct the CPSC to promulgate a safety rule requiring such products be packaged in a manner that would make them 

significantly difficult for a child under the age of five to open the 

container or otherwise access its liquid content. 


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ECONOMIC IMPACT

This legislation is not expected to have an adverse economic impact on the Nation. 

PRIVACY

S. 2581 would not have a negative impact on the personal privacy of individuals. 

PAPERWORK

S. 2581 would create a new reporting requirement for the CPSC. 

The CPSC would be directed to submit a report to Congress that 

evaluates the implementation of the program no later than one 

year after the last day of each fiscal year for which grants are 

awarded. 

CONGRESSIONALLY DIRECTED SPENDING

In compliance with paragraph 4(b) of rule XLIV of the Standing 

Rules of the Senate, the Committee provides that no provisions 

contained in the bill, as reported, meet the definition of congressionally directed spending items under the rule. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

Section 1 would establish the short title of the bill as the ‘‘Child 

Nicotine Poisoning Prevention Act of 2014.’’ 

Section 2. Child safety packaging for liquid nicotine containers 

Subsection (a) of section 2 would define a ‘‘liquid nicotine container’’ as a ‘‘consumer product’’ as defined by the CPSA. This definition would effectively grant the CPSC the authority to regulate 

all liquid nicotine products, including non-synthesized liquid nicotine derived from tobacco. The definition would limit liquid nicotine 

containers to products in which the liquid nicotine can be accessed 

through openings by consumers through ‘‘normal and foreseeable 

use.’’ As such, the definition would eliminate large commercial barrels of liquid nicotine from the scope of the bill and the ambit of 

CPSC authority. 

Furthermore, subsection (a) of section 2 would define ‘‘special 

packaging’’ in accordance with the PPPA, which authorizes the 

CPSC to promulgate rules requiring child-proofing for products 

that pose a poisonous hazard to children. Specifically, as noted 

above, products subject to ‘‘special packaging’’ requirements must 

be designed or constructed in a manner that makes it significantly 

difficult for a child under the age of five to open the container or 

to otherwise access the poisonous substance inside the container. 

Subsection (b) of section 2 would direct the CPSC to promulgate 

a rule requiring special packaging for liquid nicotine products. The 

CPSC would promulgate such rules under section 553 of title 5, 

United States Code (commonly known as the Administrative Procedure Act) and not be required to follow the more burdensome ruleVerDate Sep 11 2014 01:07 Dec 30, 2014 Jkt 049010 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\SR311.XXX SR311

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8Pub. L. No. 86—613 (15 U.S.C. §§ 1261–1278). 

making processes under the CPSA, the PPPA, or the Federal Hazardous Substances Act.8

Subsection (b) of section 2 also contains a savings clause that 

would preserve all of the authority of the FDA. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, the Committee states that the bill as reported 

would make no change to existing law. 

Æ 


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